A 0.00 breath-alcohol reading does not automatically prevent a South Carolina DUI charge. A person can still face DUI allegations if police believe drugs, prescription medication, or a combination of substances materially and appreciably impaired the ability to drive. At Beasley Tomlinson Law Firm, our Greenville DUI lawyers review the stop, testing, video, and officer observations to determine what the evidence actually shows.
How South Carolina DUI Law Applies at 0.00 BAC
South Carolina separates DUI from driving with an unlawful alcohol concentration (DUAC). DUAC is tied to an alcohol concentration of 0.08% or higher. DUI is broader. Under South Carolina DUI law, the State can pursue a DUI case based on alcohol, drugs, or a combination of substances when the evidence shows material and appreciable impairment.
That means a 0.00 breath result is important evidence, but it does not answer whether another substance affected the driver. The State must still prove impairment beyond a reasonable doubt.
Why a 0.00 BAC Can Still Lead to a DUI Arrest
A Greenville officer or South Carolina Highway Patrol trooper can continue investigating after a 0.00 breath result if other facts suggest impairment. Common issues include:
- Suspected drug impairment: A breath test does not detect marijuana, prescription medication, or many other drugs, so officers can seek blood or urine testing when the law permits. - Field sobriety observations: Balance, coordination, medical conditions, fatigue, anxiety, and road conditions can affect how someone performs on roadside exercises. - Underage alcohol rules: Drivers under 21 are subject to separate administrative consequences at lower alcohol levels, while a drug-based DUI can still be investigated at 0.00 BAC.
None of these facts guarantees a conviction. Toxicology results, body-camera footage, dash-camera footage, medical records, and the officer’s own report can all affect whether the State can prove impairment.
Video Evidence Can Affect a DUI Case
South Carolina requires video recording of specified portions of a DUI investigation at the incident site and breath-test site. Missing or incomplete video can create a significant defense issue, but dismissal is not automatic in every case. The statute recognizes limited exceptions and allows courts to consider the circumstances surrounding a missing recording.
A defense lawyer can compare the available video with the written report, field sobriety evidence, and chemical testing. If the recording requirements were not followed and no valid exception applies, the defense can ask the court for the relief supported by the law and the facts.
Ignition Interlock Consequences After a DUI Conviction
A South Carolina DUI conviction can trigger ignition-interlock requirements. The exact requirements depend on the conviction, driving status, and any applicable statutory exceptions. An ignition interlock requires a breath sample before the vehicle will start and can create additional costs and restrictions.
Talk With a Greenville DUI Lawyer About a Zero-BAC Arrest
A 0.00 result can be an important part of the defense, but it should be evaluated with the rest of the evidence. Call 864-775-5787 or contact Beasley Tomlinson Law to discuss the stop, testing, medications, and video before your first court date.